Black Snow Media LLC Terms of Service
This statement covers all of the Black Snow Media LLC websites and any associated content including email and RSS. Please read this statement carefully before accessing any of the Black Snow Media LLC websites. Your use of the Black Snow Media LLC websites indicates your agreement to abide by the Terms in effect.
Your Use of Material
Your right to make use of Black Snow Media LLC websites and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on Black Snow Media LLC websites for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and /or Trademarks and is prohibited.
You may access and display Material and all other content displayed on Black Snow Media LLC websites for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on Black Snow Media LLC websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Black Snow Media LLC. Any authorization to copy Material granted by Black Snow Media LLC in any part of Black Snow Media LLC websites for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Black Snow Media LLC websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Your User Submissions and Conduct
A. You may submit pictures and comments to Black Snow Media, LLC through the photo upload function on hotGIYP.com or via email to HotGIYP@gmail.com. You understand that whether or not your pictures or comments are published, Black Snow Media, LLC does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Black Snow Media, LLC to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the Websites and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Black Snow Media, LLC, you hereby grant Black Snow Media, LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Black Snow Media, LLC all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
F. Black Snow Media, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Black Snow Media, LLC expressly disclaims any and all liability in connection with User Submissions. Black Snow Media, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Black Snow Media, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Black Snow Media, LLC reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Notification of Changes
Whenever Black Snow Media LLC changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.
Submission Terms of Use
Black Snow Media LLC has the right to edit and/or alter any submission. Black Snow Media LLC reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses.
By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Black Snow Media LLC a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of Black Snow Media LLC’s programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to Black Snow Media LLC that you have the full legal right, power and authority to grant to Black Snow Media LLC the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless Black Snow Media LLC, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to Black Snow Media LLC’s exercise of the rights granted herein. This license shall be governed by the laws of the State of California.
Disclaimer of Warranties
YOUR USE OF BLACK SNOW MEDIA LLC WEBSITES IS AT YOUR OWN RISK. BLACK SNOW MEDIA LLC AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN BLACK SNOW MEDIA LLC ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACK SNOW MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLACK SNOW MEDIA LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN BLACK SNOW MEDIA LLC WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BLACK SNOW MEDIA LLC’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACK SNOW MEDIA LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN BLACK SNOW MEDIA LLC OR ANY SITES LINKED TO BLACK SNOW MEDIA LLC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BLACK SNOW MEDIA LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN BLACK SNOW MEDIA LLC WILL NOT INFINGE THE RIGHTS OF OTHERS AND BLACK SNOW MEDIA LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF BLACK SNOW MEDIA LLC. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
BLACK SNOW MEDIA LLC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, BLACK SNOW MEDIA LLC OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON BLACK SNOW MEDIA LLC, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BLACK SNOW MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT BLACK SNOW MEDIA LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON BLACK SNOW MEDIA LLC WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF BLACK SNOW MEDIA LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. BLACK SNOW MEDIA LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF BLACK SNOW MEDIA LLC. BLACK SNOW MEDIA LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Our Use of Content
Black Snow Media LLC will consider anything you provide to Black Snow Media LLC and/or contribute to Black Snow Media LLC websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on Black Snow Media LLC websites, in which event those Additional Terms will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or uploading any content to Black Snow Media LLC websites and/or providing any communication or material to Black Snow Media LLC (“User Content”), you automatically and irrevocably: (a) grant and assign to Black Snow Media LLC any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Black Snow Media LLC and/or by any person authorized by Black Snow Media LLC, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Black Snow Media LLC as your agent with full power to enter into any document and/or do any act Black Snow Media LLC may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Black Snow Media LLC shall not be liable for any use or disclosure of such User Content.
